HomeMy WebLinkAboutCHAPTER 93CHAPTER 93. PUBLIC TRANSPORTATION
Updated 2017 93-1
93. PUBLIC TRANSPORTATION
93.01. License and Franchise Required. Except as provided in Subdivision 3, no
person shall engage in a public transportation business unless a) the vehicle and driver are
licensed by the City; and b) the operation of the public transportation business occurs
pursuant to and in compliance with the terms and conditions of a franchise ordinance adopted
by the Common Council.
Subd. 2. For purposes of this Chapter, a person engages in a public transportation
business whenever a person performs all of the following:
A. operates a vehicle that can be used for the transportation of
passengers upon or over a public street, alley or public right-of-way;
B. operates only on fixed routes. A “fixed route” is a description of those
places where persons are to be picked up and those places where
persons are to be dropped off;
C. solicits, suggests or otherwise advertises in any way the availability of
the business for the transportation of the public; and
D. charges a fee for the transportation of passengers.
(3941, 10/5/09)
Subd. 3. A person licensed as an automobile lessor by the Commissioner of Public
Safety pursuant to Minnesota Statutes, Section 168.27 and who, incidental to such business,
occasionally offers public transportation service to the public is exempt from the license and
franchise requirements of this chapter.
93.02. Granting of Franchises. A franchise to operate vehicles upon and over
the streets, alleys or public ways of the city for the purposes set forth in 93.01 may be granted
by the Common Council in the manner provided by the charter. Each ordinance granting a
franchise shall contain all the terms and conditions of the franchise so granted. However, the
Council may not grant a franchise unless there is a satisfactory showing that the public
interest, convenience and necessity are furthered by the granting of the franchise.
(3733, 9/19/05)
93.03. Bond or Insurance. The terms and conditions of each franchise shall require,
among other things, that before it shall become effective, the grantee shall furnish to the city
for its vehicles a good and sufficient assurance in writing that such vehicles shall be operated
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with due care and caution for public safety. Such assurance shall consist of a good and
sufficient bond, or policy of insurance, to be approved by the council and deposited with the
city clerk conditioned that the holder of the franchise shall well and truly pay to the city for
benefit of every judgment creditor who has been injured through the negligent operation of
such vehicles by the grantee or its employees, or will well and truly pay directly to any
judgment creditor who has been injured, or whose property has been damaged, any amount
or amounts of money that shall have been awarded by any court of competent jurisdiction
against such grantee on account of such injury, not exceeding for bodily injury or death to any
one person the sum of $25,000 or the sum of $50,000 for all persons injured or killed in any
one accident and $5,000 on property damage wherein the grantee is found negligent. When
more than one franchise is granted for a similar use of said streets, alleys and public ways,
each franchise for such similar type of operation shall contain the same terms and conditions,
except that the number of vehicles to be operated under each franchise may differ.
93.04. Existing Franchises Continued. Nothing in this chapter contained shall be
taken or construed as annulling, releasing or modifying the rights or privileges of others
operating vehicles in intra or interstate transportation under and pursuant to franchises issued
by duly constituted authority.
93.05. Licenses Subdivision 1. Every year a public transportation business must
receive from the City a license for each vehicle and person used in the business. License
application must be made to the City Clerk. The Council must approve an application if it
complies with subdivision 2 of this section. Each license issued must expire as of December
31 of that year.
Subd. 2. A license application must include: (a) a completed license application form;
(b) a description of the fixed route upon which the public transportation business operates; (c)
a schedule of fees the applicant intends to charge for the transportation of persons or
property; (d) the payment of a license fee of $120.00 per year or a fraction thereof for each
vehicle used in the public transportation business; and (e) such information as required by the
City Clerk in order to show that the applicant is capable of providing the contemplated
transportation services and has not been convicted of any federal or state law, or city
ordinance, that would adversely impact the applicant’s ability to provide the contemplated
transportation services.
Subd. 3. If the public transportation business licensee/franchisee makes any change
to: (a) the fixed route upon which the public transportation business operates; or (b) the
schedule of fees the applicant intends to charge for the transportation of persons or property,
the licensee/franchisee must give written notice of the change to the City Clerk at least 90
days prior to the effective date of the change.
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(3733, 9/19/05)
93.055. Revocation or Suspension of License or Franchise. This section
repealed per Ordinance # 4074 adopted on June 18, 2012.
(3733, 9/19/05; 4074, 6/18/12)
93.056. Insurance or Bond Requirements. Subdivision 1. Before any franchisee
operates any vehicle, it must secure and maintain during the franchise’s term a liability
insurance policy covering each vehicle operated. The policy must have coverage limits not
less than $100,000.00 for bodily injury to any one person and not less than $300,000.00 for
injuries to more than one person sustained in the same accident, and not less than
$50,000.00 for property damage resulting from any one accident. This policy must inure to
the benefit of any person who shall be injured or who shall sustain damage to property as the
result of the negligence of the franchisee, its servant or agents. A copy of this policy or a
certificate of insurance must be filed with the city clerk. The franchisee’s insurer must be
authorized to do business in Minnesota.
Subd. 2. In lieu of subdivision 1, a franchisee may file an indemnity bond issued by a
surety authorized to do business in Minnesota. The bond must conform to the requirements
of subdivision 1 and must be approved by the council.
93.057. Inspection and Sanitation of Vehicles. Subdivision 1. Before the initial
use and operation of any vehicle under the authority of a franchise, the vehicle must be
thoroughly examined and inspected by a certified mechanic and found to comply with all
standards of safety prescribed by the laws of the state or city. An inspection form showing
that the vehicle has met the standards of safety prescribed by law must be presented to the
city clerk at the time of license application. In response, the city clerk must issue a license for
the vehicle if the franchisee has complied with this chapter.
Subd. 2. From time to time, and at least annually, a certified mechanic must inspect
every vehicle operated under the authority of a franchise. The operation of any vehicle that
fails to meet the standards of safety established by law must be discontinued until such time
as the deficiency is eliminated.
Subd. 3. The interior and exterior of every vehicle operated under the authority
of a franchise must be kept in a clean and sanitary condition.
(3941, 10/5/09)
93.06. Franchise Granted. A public transportation franchise is granted to Ambassador
Limousine Service, Inc., to provide public transportation services within the City for a period
ending July 31, 1988, subject to the terms and conditions of this code, including the provisions
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of Chapter 97 of this code as they pertain to the operation, maintenance, and documentation
of vehicles operated by a franchise holder.
93.07 Franchise Granted. A public transportation franchise is granted to Unique
Limousine, Inc., to provide public transportation services within the City for a period ending
December 31, 1990, subject to the terms and conditions of this code, including the provisions
of Chapter 97 of this code as they pertain to the operation, maintenance, and documentation
of the vehicles operated by a franchise holder.
93.08 Franchise Granted. A public transportation franchise is granted to Arab
Community Services to provide public transportation services within the City for a period
ending December 31, 2004, subject to the terms and conditions of this Code, including the
provisions of Chapter 97 of this Code as they pertain to the operation, maintenance and
documentation of the vehicles operated by a franchise holder.
93.09 Franchise Granted. A public transportation franchise is granted to Abukar
Hirabe d/b/a Bakar Transportation of Rochester to provide public transportation services
within the City for a period ending December 31, 2005, subject to the terms and conditions of
this Code, including the provisions of Chapter 97 of this Code as they pertain to the operation,
maintenance and documentation of the vehicles operated by a franchise holder.
93.10 Franchise Granted. A public transportation franchise is granted to Abubakar
Bashir Elkhalifa d/b/a Ambassador Limousine to provide public transportation services within
the City for a period ending December 31, 2005, subject to the terms and conditions of this
Code, including the provisions of Chapter 97 of this Code as they pertain to the operation,
maintenance and documentation of the vehicles operated by a franchise holder.
93.11. Franchise Granted. A public transportation franchise is granted to
Lagnaf, Inc., d/b/a Rochester Express Airport Shuttle, Inc., to provide public transportation
services within the City for a period ending December 31, 2005, subject to the terms and
conditions of this Code, including the provisions of Chapter 97 of this Code as they pertain to
the operation, maintenance and documentation of the vehicles operated by a franchise holder.
93.12. Franchise Granted. A public transportation franchise is granted to MLP
Companies, Inc., d/b/a The Bar Hopper to provide public transportation services within the
City for a period ending December 31, 2008, subject to the terms and conditions of this Code,
including the provisions of Chapter 97 of this Code as they pertain to the operation,
maintenance and documentation of the vehicles operated by a franchise holder.
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93.14. Franchise Granted. A public transportation franchise is granted to Mohamed
Hussein Salah d/b/a Hirale to provide public transportation services within the City for a period
beginning September 1, 2006, and ending December 31, 2009, subject to the terms and
conditions of this Code, including the provisions of Chapter 93 of this Code as they pertain to
the operation, maintenance and documentation of the vehicles operated by a franchise holder.
93.15. Franchise Granted. A public transportation franchise is granted to Donald H.
Fay d/b/a Don’s Horse Drawn Trolley Service to provide public transportation services within
the City for a period beginning May 1, 2007, and ending December 31, 2010, subject to the
terms and conditions of this Code, including the provisions of Chapter 93 of this Code as they
pertain to the operation, maintenance and documentation of the vehicles operated by a
franchise holder.
93.16. Franchise Granted. A public transportation franchise is granted to The
Rochester Tour Company, LLC, to provide public transportation services within the City for a
period ending December 31, 2013, subject to the terms and conditions of this Code, including
the provisions of Chapter 97 of this Code as they pertain to the operation, maintenance and
documentation of the vehicles operated by a franchise holder. (3832, 9/17/07; 3994, 11/15/10)
93.17. Franchise Granted. A public transportation franchise is granted to Yellow Cab
of Rochester, LLC, d/b/a Yellow Cab to provide public transportation services within the City
for a period ending December 31, 2016, subject to the terms and conditions of this Code,
including the provisions of Chapter 97 of this Code as they pertain to the operation,
maintenance and documentation of the vehicles operated by a franchise holder. (3867,
5/19/08; 3988, 11/1/10; 4141, 12/16/13)
93.18. Franchise Granted. A public transportation franchise is granted to
Southern Minnesota Transportation, LLC, to provide public transportation services within the
City for a period ending December 31, 2012, subject to the terms and conditions of this Code,
including the provisions of Chapter 97 of this Code as they pertain to the operation,
maintenance and documentation of the vehicles operated by a franchise holder. ( 3908,
2/18/09)
93.19. Franchise Granted. A public transportation franchise is granted to Dan
Moulton d/b/a Specialty Tours to provide public transportation services within the City for a
period ending December 31, 2016, subject to the terms and conditions of this Code, including
the provisions of Chapter 97 of this Code as they pertain to the operation, maintenance and
documentation of the vehicles operated by a franchise holder.
(3915, 4/20/09; 4091, 11/5/12)
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93.20. Franchise Granted. A public transportation franchise is granted to L & B
Transportation to provide public transportation services within the City for a period beginning
October 1, 2009, and ending December 31, 2011, subject to the terms and conditions of this
Code, including the provisions of Chapter 97 of this Code as they pertain to the operation,
maintenance and documentation of the vehicles operated by a franchise holder. (3938, 9/9/09)
93.21. Franchise Granted. A public transportation franchise is granted to Alice
Beighley d/b/a Sunshine Quilt Tours to provide public transportation services within the City for
a period ending December 31, 2014, subject to the terms and conditions of this Code,
including the provisions of Chapter 97 of this Code as they pertain to the operation,
maintenance and documentation of the vehicles operated by a franchise holder.
(4030, 9/19/11)
93.22. Franchise Granted. A public transportation franchise is granted to Yosra
Mohamed Abdelkarim d/b/a KRB Services to provide public transportation services within the
City for a period ending December 31, 2015, subject to the terms and conditions of this Code,
including the provisions of Chapter 97 of this Code as they pertain to the operation,
maintenance and documentation of the vehicles operated by a franchise holder.
(4048, 2/6/12)
93.23. Franchise Granted. A public transportation franchise is granted to Auto Pilots,
Inc., to provide public transportation services within the City for a period ending December 31,
2016, subject to the terms and conditions of this Code, including the provisions of Chapter 97
of this Code as they pertain to the operation, maintenance and documentation of the vehicles
operated by a franchise holder. (4090, 11/5/12)
93.24. Franchise Granted. A public transportation franchise is granted to Chamberlain
Concierge and Lifestyle Management to provide public transportation services within the City
for a period ending December 31, 2020, subject to the terms and conditions of this Code,
including the provisions of Chapter 97 of this Code as they pertain to the operation,
maintenance and documentation of the vehicles operated by a franchise holder. (4296, 5/1/17)
(653, 4/18/47; 2038, 4/16/79; 2193, 6/2/81; 2563, 8/3/87; 2564, 8/3/87; 2619, 3/6/89; 3408,
8/6/01; 3440, 1/24/02; 3459, 3/13/02; 3523, 11/4/02; 3544, 4/21/03; 3733, 9/19/05; 3743,
11/21/05; 3786, 9/6/06; 3812, 4/2/07; 3822, 6/18/07; 3832, 9/17/07; 3867, 5/19/08; 3908,
2/18/09; 3915, 4/20/09; 3938, 9/9/09; 3941, 10/5/09; 3988, 11/1/10; 3994, 11/15/10; 4030,
9/19/11; 4048, 2/6/12; 4074, 6/18/12; 4090, 11/5/12; 4091, 11/5/12; 4141, 12/16/13; 4296,
5/1/17)
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